Premises Liability Lawyers In Montgomery County, PA
Immediate Actions To Take After An Injury On Someone Else’s Property
The first priority after any injury, even on someone else’s property, is to ensure you get the necessary medical care or attention. Your well-being is paramount, so call 911 if necessary or report to the property’s first aid area if it has one.
It’s also critical that you report the incident to the property manager. Montco areas that are open to the general public, such as a retail store, should have accident reporting procedures. If this is the case, ensure that your details are taken accurately. Try and take a photo of any forms you fill out or, if the accident form is digital, ask for a copy to be sent to your own email address. If this is not possible, take a screenshot or photo and send this to yourself.
Read On
Also, try and take photos of the unsafe area that caused your injury. Montgomery County premises liability cases come about because of:
- Unsecured electrical cables that cause trips
- Torn or worn carpets
- Uneven floor surfaces
- Toxic substances or hazardous chemicals not stored correctly
- Broken handrails or stairs
- Faulty elevators or escalators
- Goods stored incorrectly, such as heavy items above head height
- Spills that can cause slips
- Poor weather management, such as icy or wet floors caused by negligence
- Lack of security or animal management, such as an unsecured dog
The more evidence you get of the problem that caused your injury, the stronger the case will be that your premises liability lawyer builds.
Can I Handle A Premises Liability Case Without A Lawyer?
It’s Possible But Not Recommended
Premises liability cases involve complex laws and proving negligence can be tricky without legal expertise.
Insurance Companies May Take Advantage
Without a lawyer, you might accept a low settlement that doesn’t fully cover your damages.
Legal Deadlines And Paperwork Are Strict
Missing deadlines or filing errors can jeopardize your case.
A Lawyer Increases Your Chances
They know how to build a strong case, negotiate effectively, and maximize your compensation.
Common Defenses Used By Property Owners
Montco property owners will rarely want to admit fault or negligence. Here are just a few ways they may try and “prove” their innocence:
They May Claim You Were Trespassing:
Licensees are people on a property that’s not generally open to the public, while invitees are those who visit public areas like retail stores and libraries. While a Montgomery County property owner has a duty of care for both these types of visitors, they have less responsibility for trespassers. The owner could try and prove you were trespassing to move the responsibility for the incident back to you.
They May Try And Say The Unsafe Area Or Situation Wasn’t Caused By Them:
This is more difficult for a property owner to prove, as their duty of care extends to anywhere on their property. They may claim a third party caused the incident, however, they could still be liable for any damages.
They Could Try And Prove The Injury Was Not Connected To Their Negligence:
If a Montco premises owner can prove that the injury was sustained away from their property, they could get your claim dismissed. That’s why it’s so critical that you and your premises liability lawyer gather as much evidence as possible to ensure this can’t happen.
They Might Say They Had No Knowledge Of The Hazard:
A property owner could try and prove that there was no way that they could have been aware of the hazard. An example could include a loose store shelf that was previously damaged by another customer earlier that day. There could be the argument that the premises owner wasn’t negligent in this case, as the incident was outside of their control. A skilled lawyer will investigate instances like these thoroughly to determine if the property owner breached their duty of care.
They Might Use The Defense Of “Open And Obvious Doctrine”:
If a hazard was clearly evident and easily avoided, the property owner might invoke the Open and Obvious Doctrine. This can be a powerful way to avoid taking responsibility for negligence, as they can claim that you should have been able to stay well away from harm. Photos taken directly after the incident are essential for disproving this claim. A lawyer may also be able to find other instances of people affected by the same hazard, which could nullify the invocation of the Open and Obvious Doctrine.
They May Try To Claim That You Were Aware Of Certain Risks:
An example litigation case could be that you were hit and injured by a golf ball on a golf course. In the courtroom, the defendant could claim that, by entering a golfing area, you accepted the risk of this occurrence. Cases like this can be complicated, because it becomes up to the premises liability lawyer to prove that the property owner does, in fact, hold a duty of care and responsibility for the injury. Bochetto & Lentz will investigate claims like this thoroughly and present appropriate counterarguments as required.
Contact Us
If you’re looking for a trustworthy slip and fall lawyer in Philadelphia or anywhere across Montgomery County, PA, call Bochetto & Lentz. We’re ready to take your side and work toward the compensation you deserve.
You could be due thousands of dollars in compensation, especially if the injury has had a lasting impact on your life. Tell us if you’ve had to take time off work, missed out on family time, or had other major changes in your life due to the incident. Keep a copy of all your medical records and any details provided to you by your insurance companies. Bochetto & Lentz will use all this data to build the strongest case possible, complementing your information with years of experience in the premises liability legal field. From the moment you bring a case to us, our team becomes your team, working relentlessly to help you claim the damages you’re due as the victim of negligence. Contact us today!
Disclaimer: The information provided in this content is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For advice specific to your situation, please contact our office directly to speak with an attorney.